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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Miss-Suz
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Fri Nov 13, 2020 5:27 pm

lolwe wrote:
Fri Nov 13, 2020 5:17 pm
Miss-Suz wrote:
Fri Nov 13, 2020 3:43 pm
Under the Zambrano route of the Scheme applicants must show that all other available avenues to acquire status in the UK have been explored before making such an application.
This statement is key. Appendix EU does not say this. Their guidance does not say this. Here is what the guidance says.

Home Office Guidance on EUSS for Zambrano Carers

https://assets.publishing.service.gov.u ... gov-uk.pdf
You must first establish whether the applicant has leave to enter or remain under the Immigration Rules (unless this was granted under Part 1 of Appendix EU).

An applicant cannot meet the definition of ‘person with a Zambrano right to reside’ if they have (or, as the case may be, had) THIS SEEMS WRONG leave to enter or remain granted under another part of the Immigration Rules.

If the applicant does (or did) AGAIN, SEEMS WRONG, NOT IN APPENDIX EU have leave to enter or remain granted under another part of the Immigration Rules you must refuse the application with reference to part (b) of the definition of ‘person with a Zambrano right to reside’ within Annex 1 to Appendix EU.

If, at the point of decision, that leave to enter or remain has less than 28 days until its expiration date, you must also consider whether the relevant British citizen will be compelled to leave the UK or EEA if leave to enter or remain under the EU Settlement Scheme is not granted to their primary carer(s).

If the applicant does not have leave under another part of the Immigration Rules you must then go on to consider whether the applicant is an exempt person in line with regulation 16(7)(c).

...

If they are not an ‘exempt person’, then you must move on to consider whether they meet other relevant eligibility criteria set out below for leave under the scheme as a ‘person with a Zambrano right to reside’.
Eligibility Criteria for Indefinite Leave under EUSS
(a) The applicant:
(v) is a person with a Zambrano right to reside
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred
Thank you Lolwe,
I am currently writing an email to that caseworker

lolwe
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Posts: 358
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Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by lolwe » Fri Nov 13, 2020 5:45 pm

Miss-Suz wrote:
Fri Nov 13, 2020 5:27 pm
Thank you Lolwe,
I am currently writing an email to that caseworker
Hi Miss Suz, Your case is so interesting! I don't know what others think, but I would ask them to cancel my leave to remain application immediately. Then, if they want to refuse your EUSS application, you can go to Administrative Review and then to Court. It is not easy, but many Zambrano carers are making the argument that they should not be forced to apply for leave to remain under Appendix FM.

Their policy doesn't even make sense. If every Zambrano carer had to apply for leave to remain under Appendix FM, then no Zambrano carer would be eligible for settlement under Appendix EU (EUSS). Appendix EU does not allow Zambrano carers with leave to remain under Appendix FM.

The individual who wrote the letter to you didn't seem angry. I think senior managers are giving the caseworkers false information.

Miss-Suz
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Fri Nov 13, 2020 6:16 pm

lolwe wrote:
Fri Nov 13, 2020 5:45 pm
Miss-Suz wrote:
Fri Nov 13, 2020 5:27 pm
Thank you Lolwe,
I am currently writing an email to that caseworker
Hi Miss Suz, Your case is so interesting! I don't know what others think, but I would ask them to cancel my leave to remain application immediately. Then, if they want to refuse your EUSS application, you can go to Administrative Review and then to Court. It is not easy, but many Zambrano carers are making the argument that they should not be forced to apply for leave to remain under Appendix FM.

Their policy doesn't even make sense. If every Zambrano carer had to apply for leave to remain under Appendix FM, then no Zambrano carer would be eligible for settlement under Appendix EU (EUSS). Appendix EU does not allow Zambrano carers with leave to remain under Appendix FM.

The individual who wrote the letter to you didn't seem angry. I think senior managers are giving the caseworkers false information.
They asked me which application I wanted to be considered back in March, they even refunded me the fees that I paid. I understand this is a variation of leave. Now I don’t get what they are saying. I am in a complete shock. What they are doing is forcing me to apply for ltr.

LULUBABY
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Fri Nov 13, 2020 6:20 pm

mummy21 wrote:
Fri Nov 13, 2020 2:51 pm
Hi everyone

I was constantly posting on the other thread. I may have posted once or twice on this new one after the old one was locked. I will be truthful and say I lost hope and got so confused with all the things everyone was saying.

I applied on the 1st July 2019 and received my COA on the 8th August 2019. In February 2020 I received a request for more information. Meanwhile I had run out of maternity pay for my son in October 2019 and became homeless and destitute. I was advised to contact Praxis. They helped me get temporary accommodation and apply for Leave to remain (FRP) and a fee waiver. I submitted the Leave to remain application in July/August 2020.

I requested my documents back from the EUSS in June and recoeved them all back in September 2020. I didn't expect anything to happen for the EU application and expected to hear from my domestic application first.

Until today, I checked my email today and was told I had a decision for my EUSS application. I almost didn't open it as I was sure it was declined. Only to decide to reopen the email and read the decision as it didn't matter if it was negative I already had a pending application.

The letter was positive everyone. I was granted stay until November 2024. I only now need to apply for the restriction for benefits to be lifted. God is good everyone

Thank you so much to everybody who helped and shared their stories here.I am so happy and relieved. I thought my Leave to remain application would nullify my EU application. I did not have Zambrano status prior to this application


I stop
Oh Mummy21 Congratulations. How are you and baby?. I am so happy to hear your good news. Finally, it has all come to an end, you now have peace. Congratulations.

LULUBABY
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Fri Nov 13, 2020 6:46 pm

Miss-Suz wrote:
Fri Nov 13, 2020 6:16 pm
lolwe wrote:
Fri Nov 13, 2020 5:45 pm
Miss-Suz wrote:
Fri Nov 13, 2020 5:27 pm
Thank you Lolwe,
I am currently writing an email to that caseworker
Hi Miss Suz, Your case is so interesting! I don't know what others think, but I would ask them to cancel my leave to remain application immediately. Then, if they want to refuse your EUSS application, you can go to Administrative Review and then to Court. It is not easy, but many Zambrano carers are making the argument that they should not be forced to apply for leave to remain under Appendix FM.

Their policy doesn't even make sense. If every Zambrano carer had to apply for leave to remain under Appendix FM, then no Zambrano carer would be eligible for settlement under Appendix EU (EUSS). Appendix EU does not allow Zambrano carers with leave to remain under Appendix FM.

The individual who wrote the letter to you didn't seem angry. I think senior managers are giving the caseworkers false information.
They asked me which application I wanted to be considered back in March, they even refunded me the fees that I paid. I understand this is a variation of leave. Now I don’t get what they are saying. I am in a complete shock. What they are doing is forcing me to apply for ltr.
They have no right to ask you to apply for ltr. Read Ngoo’s post regarding what the Judge said about HO asking a Zambrano carer to stick to ltr.

Also read the post Snooky sent to one of the users recently, to add to an appeal case, it is well explained.

Zambrano / EUSS route maybe time consuming, stressful, emotionally draining, costly ( if you are using a lawyer),etc, I get it but the courts have spoken, HO is wrong to ask us to stick to ltr route.

A ZAMBRANO CARER IS A ZAMBRANO CARER, WITH OR WITHOUT LTR. No matter how long it is debated, the courts have spoken, HO IS WRONG. That’s it

Don’t give up. Take a deep breadth, calm down (I wish I could do that, it is easier said than done). Go back and read SNOOKY’S posts on this ZAMBRANO NEW thread. Be focused and Keep fighting.

Miss-Suz
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Fri Nov 13, 2020 6:54 pm

LULUBABY wrote:
Fri Nov 13, 2020 6:46 pm
Miss-Suz wrote:
Fri Nov 13, 2020 6:16 pm
lolwe wrote:
Fri Nov 13, 2020 5:45 pm
Miss-Suz wrote:
Fri Nov 13, 2020 5:27 pm
Thank you Lolwe,
I am currently writing an email to that caseworker
Hi Miss Suz, Your case is so interesting! I don't know what others think, but I would ask them to cancel my leave to remain application immediately. Then, if they want to refuse your EUSS application, you can go to Administrative Review and then to Court. It is not easy, but many Zambrano carers are making the argument that they should not be forced to apply for leave to remain under Appendix FM.

Their policy doesn't even make sense. If every Zambrano carer had to apply for leave to remain under Appendix FM, then no Zambrano carer would be eligible for settlement under Appendix EU (EUSS). Appendix EU does not allow Zambrano carers with leave to remain under Appendix FM.

The individual who wrote the letter to you didn't seem angry. I think senior managers are giving the caseworkers false information.
They asked me which application I wanted to be considered back in March, they even refunded me the fees that I paid. I understand this is a variation of leave. Now I don’t get what they are saying. I am in a complete shock. What they are doing is forcing me to apply for ltr.
They have no right to ask you to apply for ltr. Read Ngoo’s post regarding what the Judge said about HO asking a Zambrano carer to stick to ltr.

Also read the post Snooky sent to one of the users recently, to add to an appeal case, it is well explained.

Zambrano / EUSS route maybe time consuming, stressful, emotionally draining, costly ( if you are using a lawyer),etc, I get it but the courts have spoken, HO is wrong to ask us to stick to ltr route.

A ZAMBRANO CARER IS A ZAMBRANO CARER, WITH OR WITHOUT LTR. No matter how long it is debated, the courts have spoken, HO IS WRONG. That’s it

Don’t give up. Take a deep breadth, calm down (I wish I could do that, it is easier said than done). Go back and read SNOOKY’S posts on this ZAMBRANO NEW thread. Be focused and Keep fighting.
Thank you so much Lulubaby, I am definitely going to fight

bbree90
Newly Registered
Posts: 6
Joined: Fri Nov 13, 2020 6:48 pm
United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by bbree90 » Fri Nov 13, 2020 7:03 pm

Hello Miss Suz
I just stumbled on your post while looking for some info on here.
Please if you can help me get some clarity.
I am a Nigerian lady.I have a son who is Eu citizen.
I broke up with his dad years ago and am sole carer.
After years of immigration battle 2 years ago I was granted leave to remain as parent via 10 year route with recourse.
I recently applied for settled status for my son and he was granted(He is 6 years old in year 1)

Now i want to apply for settled status for myself.
Do you think they will grant me?
And also do you think am a zambrano carer?.
This zambrano thing is very confusing to me.
My current leave to remain is due for renewal by Aug 2021.
Anyway I hope you reply
Thanks.
Bridget

Miss-Suz
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Fri Nov 13, 2020 7:24 pm

bbree90 wrote:
Fri Nov 13, 2020 7:03 pm
Hello Miss Suz
I just stumbled on your post while looking for some info on here.
Please if you can help me get some clarity.
I am a Nigerian lady.I have a son who is Eu citizen.
I broke up with his dad years ago and am sole carer.
After years of immigration battle 2 years ago I was granted leave to remain as parent via 10 year route with recourse.
I recently applied for settled status for my son and he was granted(He is 6 years old in year 1)

Now i want to apply for settled status for myself.
Do you think they will grant me?
And also do you think am a zambrano carer?.
This zambrano thing is very confusing to me.
My current leave to remain is due for renewal by Aug 2021.
Anyway I hope you reply
Thanks.
Bridget
Hello Bridget,
You will have to apply under Chen route not Zambrano as
your application is based on your EU son

lolwe
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Posts: 358
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Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by lolwe » Fri Nov 13, 2020 7:38 pm

Miss-Suz wrote:
Fri Nov 13, 2020 7:24 pm
bbree90 wrote:
Fri Nov 13, 2020 7:03 pm
Hello Miss Suz
I just stumbled on your post while looking for some info on here.
Please if you can help me get some clarity.
I am a Nigerian lady.I have a son who is Eu citizen.
I broke up with his dad years ago and am sole carer.
After years of immigration battle 2 years ago I was granted leave to remain as parent via 10 year route with recourse.
I recently applied for settled status for my son and he was granted(He is 6 years old in year 1)

Now i want to apply for settled status for myself.
Do you think they will grant me?
And also do you think am a zambrano carer?.
This zambrano thing is very confusing to me.
My current leave to remain is due for renewal by Aug 2021.
Anyway I hope you reply
Thanks.
Bridget
Hello Bridget,
You will have to apply under Chen route not Zambrano as
your application is based on your EU son
Choose carefully between Chen versus Family member of a relevant EEA citizen

Family member of a relevant EEA citizen is better, if you qualify

Chen
the primary carer of a self-sufficient EEA citizen child is entitled to a right of residence under EU law, if refusing such a right prevents the child from continuing to reside in the UK. The conditions for this derivative right to reside are set out in regulation 16(2) of the EEA Regulations.

family member of a relevant EEA citizen
a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that they are...(c) the child or dependent parent of a relevant EEA citizen...

Relevant EEA citizen
(a) an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) resident in the UK and Islands for a continuous qualifying period which began before the specified date

Eligibility for indefinite leave to remain
(a) The applicant:
(ii) is (or, as the case may be, for the relevant period was) a family member of a relevant EEA citizen...
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

lolwe
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Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by lolwe » Fri Nov 13, 2020 7:42 pm

Miss-Suz wrote:
Fri Nov 13, 2020 6:16 pm
lolwe wrote:
Fri Nov 13, 2020 5:45 pm
Miss-Suz wrote:
Fri Nov 13, 2020 5:27 pm
Thank you Lolwe,
I am currently writing an email to that caseworker
Hi Miss Suz, Your case is so interesting! I don't know what others think, but I would ask them to cancel my leave to remain application immediately. Then, if they want to refuse your EUSS application, you can go to Administrative Review and then to Court. It is not easy, but many Zambrano carers are making the argument that they should not be forced to apply for leave to remain under Appendix FM.

Their policy doesn't even make sense. If every Zambrano carer had to apply for leave to remain under Appendix FM, then no Zambrano carer would be eligible for settlement under Appendix EU (EUSS). Appendix EU does not allow Zambrano carers with leave to remain under Appendix FM.

The individual who wrote the letter to you didn't seem angry. I think senior managers are giving the caseworkers false information.
They asked me which application I wanted to be considered back in March, they even refunded me the fees that I paid. I understand this is a variation of leave. Now I don’t get what they are saying. I am in a complete shock. What they are doing is forcing me to apply for ltr.
Yes, that is exactly what they are doing. If they feel the rules say you must apply for LTR under Appendix FM, they should provide proof. But they won't, because the Immigration Rules don't say that. I know they are busy, but the immigration lawyers need to fight this battle. Zambrano carers should not have to go through the stress and expense of fighting such a ridiculous practice. Stay strong, Miss Suz!

bbree90
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Posts: 6
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United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by bbree90 » Fri Nov 13, 2020 7:46 pm

Wow
Thanks a lot for your swift replies.
So its not zambrano but Chen.

And you are say that applying as family member of Eu citizen may be better than chen route.

But will they accept me applying as a dependant parent seeing as am a 37 year old woman and my EU son is just 6years old. Will it be accepted that am dependent on him?

User avatar
CR001
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by CR001 » Fri Nov 13, 2020 8:10 pm

bbree90 wrote:
Fri Nov 13, 2020 7:46 pm
Wow
Thanks a lot for your swift replies.
So its not zambrano but Chen.

And you are say that applying as family member of Eu citizen may be better than chen route.

But will they accept me applying as a dependant parent seeing as am a 37 year old woman and my EU son is just 6years old. Will it be accepted that am dependent on him?
Please start your own topic with your question instead of posting Inthis topic which is ONLY for zambrano route applications.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

snooky
Senior Member
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United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by snooky » Fri Nov 13, 2020 10:05 pm

@All

Hmm, hope you are all crisp and fighting HO injustices and indiscriminately way of elimination by substitution.

We all know that HO is bullying people especially those people who want to exercise the treaty right under derivative right of residence be it Chen, Zambrano, Ibrahim and McCarthy.

I have posted a lot of courts ruling here which has made HO 2017 guidance on zambrano and derivative right illegal because the courts said so.

If you read Alvi vs SSHD, it clearly also stated that HO policy that is not in line or within the immigration Act itself is illegal.

I have seen a lot of cases nowadays from the drf1 applicants in which HO staff deliberately send back your application forms saying that there wasn't a passport included or the passport is photocopied or the family member's birth certificate is a copy.

This is a ploy for HO to buy time to discourage you from applying and their call centres have become like snake oil sales people.

As we move closer to 31 December 2020, any documentation that you add to your applications my be listed and check list and serial numbers written some at the bottom of your cover letter.

For those who haven't done zambrano drf1, know that 31 December 2020 @ 11:59pm is the last hour for your application to reach the HO. Though EU right will finally be dump in the bin, having it make things easy especially with the euss application.

For those who have applied for it already and still waiting including those with euss applications already at the HO, you are all protected under a 3C variation of leave style. Meaning all the laws protect you until either granted leave or refused and gone to court and allowed or exhauste all your right until the new immigration rule could affect you.

Be strong and fight like soldiers. All shall be well.

mummy21
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Posts: 44
Joined: Mon Apr 01, 2019 4:20 pm
United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by mummy21 » Sat Nov 14, 2020 3:54 am

@Lulubaby

Yes my son is well. He is 2 next month. Thank you so much. I am so relieved. I honestly thought it would not be successful. All the advice I received was telling me I should apply for Leave to Remain. Even the solicitor told me to withdraw my application and leave my LLeave to Remain (FRP) application - in which case I didn't as I read here that it would automatically be cancelled.

I got so confused from the advice here to apply for DRF1 to supplement my EUSS EUSS application and just decided to leave it alone as I could not afford the £65 anyway.

Now the next step is to get the restriction to public funds lifted as we are still receiving Section 17 support while in temp housing. Thank you so much for your help and kind words. I honestly stopped checking this page in May as I had resigned myself to this not working. To think even when I initially asked for an application form - ai was denied one by the home office who told me I needed to have legal stay in order to make a EUSS application..

Only God knows why I persevered and stayed on this path. I am so grateful.

Miss-Suz
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Sat Nov 14, 2020 7:27 am

mummy21 wrote:
Sat Nov 14, 2020 3:54 am
@Lulubaby

Yes my son is well. He is 2 next month. Thank you so much. I am so relieved. I honestly thought it would not be successful. All the advice I received was telling me I should apply for Leave to Remain. Even the solicitor told me to withdraw my application and leave my LLeave to Remain (FRP) application - in which case I didn't as I read here that it would automatically be cancelled.

I got so confused from the advice here to apply for DRF1 to supplement my EUSS EUSS application and just decided to leave it alone as I could not afford the £65 anyway.

Now the next step is to get the restriction to public funds lifted as we are still receiving Section 17 support while in temp housing. Thank you so much for your help and kind words. I honestly stopped checking this page in May as I had resigned myself to this not working. To think even when I initially asked for an application form - ai was denied one by the home office who told me I needed to have legal stay in order to make a EUSS application..

Only God knows why I persevered and stayed on this path. I am so grateful.
Congratulations Mummy21 👏🏾👏🏾

Miss-Suz
Member of Standing
Posts: 380
Joined: Tue Mar 10, 2020 11:51 am
Mood:
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Sat Nov 14, 2020 7:37 am

lolwe wrote:
Fri Nov 13, 2020 7:42 pm
Miss-Suz wrote:
Fri Nov 13, 2020 6:16 pm
lolwe wrote:
Fri Nov 13, 2020 5:45 pm
Miss-Suz wrote:
Fri Nov 13, 2020 5:27 pm
Thank you Lolwe,
I am currently writing an email to that caseworker
Hi Miss Suz, Your case is so interesting! I don't know what others think, but I would ask them to cancel my leave to remain application immediately. Then, if they want to refuse your EUSS application, you can go to Administrative Review and then to Court. It is not easy, but many Zambrano carers are making the argument that they should not be forced to apply for leave to remain under Appendix FM.

Their policy doesn't even make sense. If every Zambrano carer had to apply for leave to remain under Appendix FM, then no Zambrano carer would be eligible for settlement under Appendix EU (EUSS). Appendix EU does not allow Zambrano carers with leave to remain under Appendix FM.

The individual who wrote the letter to you didn't seem angry. I think senior managers are giving the caseworkers false information.
They asked me which application I wanted to be considered back in March, they even refunded me the fees that I paid. I understand this is a variation of leave. Now I don’t get what they are saying. I am in a complete shock. What they are doing is forcing me to apply for ltr.
Yes, that is exactly what they are doing. If they feel the rules say you must apply for LTR under Appendix FM, they should provide proof. But they won't, because the Immigration Rules don't say that. I know they are busy, but the immigration lawyers need to fight this battle. Zambrano carers should not have to go through the stress and expense of fighting such a ridiculous practice. Stay strong, Miss Suz!
Many thanks Lolwe 🙏🏽🙏🏽🙏🏽

LULUBABY
Senior Member
Posts: 560
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Mood:
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Sat Nov 14, 2020 10:21 am

mummy21 wrote:
Sat Nov 14, 2020 3:54 am
@Lulubaby

Yes my son is well. He is 2 next month. Thank you so much. I am so relieved. I honestly thought it would not be successful. All the advice I received was telling me I should apply for Leave to Remain. Even the solicitor told me to withdraw my application and leave my LLeave to Remain (FRP) application - in which case I didn't as I read here that it would automatically be cancelled.

I got so confused from the advice here to apply for DRF1 to supplement my EUSS EUSS application and just decided to leave it alone as I could not afford the £65 anyway.

Now the next step is to get the restriction to public funds lifted as we are still receiving Section 17 support while in temp housing. Thank you so much for your help and kind words. I honestly stopped checking this page in May as I had resigned myself to this not working. To think even when I initially asked for an application form - ai was denied one by the home office who told me I needed to have legal stay in order to make a EUSS application..

Only God knows why I persevered and stayed on this path. I am so grateful.
I am so happy for you. No more anxiety and worry.
These past few weeks you and Onomsky have been on my mind, but because both of you haven’t been posting for a long time, I thought of searching your old posts to send you guys messages so you can get the notification and reply. I have been stressed out with my Judicial Review.
No more tears for you. I know you will be so happy.
Honestly if this saga finally comes to an end, mmmhhhh, I will just buy myself a box of correct Chocolate and finish it. (Afterwards I can go and do exercise). Life is too short. I will be so happy that I will be smiling and walking with a SWAG. If anyone asks me “Are you okay?” , I will just smile and say, “You won’t understand”.

As for baby, no recourse or not, you have no excuse. Good a thing his birthday is next month plus Christmas. Just make show to notify SANTA that level has changed. Enjoyment galore.

lolwe
inactive
Posts: 358
Joined: Tue Oct 20, 2020 1:14 am
Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by lolwe » Sat Nov 14, 2020 11:24 am

FOUR suggestions for Zambrano carers applying for settlement under Appendix EU

1.) Apply to EUSS under another category except Zambrano.

Family members of EU nationals are covered by the Withdrawal Agreement. The Withdrawal Agreement does not cover Zambrano carers. The Withdrawal Agreement covers persons whose presence is required by Union citizens... in order not to deprive those Union citizens... of a right of residence granted by this Part. Remember, applying to EUSS as a Zambrano category is historically the worst category to apply under.

See Article 9 of the Withdrawal Agreement, Definitions, (a) "family members"
https://eur-lex.europa.eu/legal-content ... d1e469-1-1
See also the Appendix EU for family members
https://www.gov.uk/guidance/immigration ... ily-permit

2.) Let your limited leave to remain expire and reapply for settlement.

If your current limited leave to remain expires before June 2021, consider applying for settlement again a month or so before your limited leave to remain expires. (Zambrano carers with LTR are generally refused settlement under Appendix EU).

3.) Apply for leave outside the rules (LOTR).

If your current limited leave to remain expires after June 2021, consider writing a letter to the Home Office requesting they approve your application for settlement outside the rules. If they say no, ask the Court to decide. The judge will want to see a copy of your LOTR letter and the Home Office's response.

4.) Wait until your leave to remain under Appendix FM expires and apply for settlement under EUSS.

Although the deadline for applying to the EUSS is currently June 2021, the Home Office will still accept applications for settlement after June 2021. The Brexit Withdrawal Agreement requires the UK to accept late applications where there are “reasonable grounds” for the deadline being missed. The test has two parts
  • Are there reasonable grounds for missing the deadline?
  • Has the application been made within a reasonable period from the deadline date?
Imagine your leave to remain under Appendix FM expires in August 2020. You can apply for settlement under EUSS on 29 June 2020 - just before the deadline - as it can take the Home Office a couple of month to process EU settlement applications. If you are refused, you can apply again in August 2020 when your leave has clearly expired. The Home Office may say you applied "too late" but you can challenge that in court. You can argue that you had reasonable grounds for missing the deadline and the application was made just two months after the deadline date.

lolwe
inactive
Posts: 358
Joined: Tue Oct 20, 2020 1:14 am
Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by lolwe » Sat Nov 14, 2020 12:04 pm

The Home Office has released the latest EU Settlement Scheme statistics. Although these statistics do not determine your individual chances of success when applying as a Zambrano carer, it shows that the trend is for the Home Office to refuse applications. Apply early so you can challenge the refusal.

For the 2nd month in a row more than 50% of applicants received pre-settled status rather than the full settled status. If you are granted pre-settled status when you feel you should be granted full settled status, you can (and probably should) challenge the HO's determination.

Since the launch of the EU Settlement Scheme, 1 in 38 processed applications resulted in no immigration status granted. This was 1 in 140 before Brexit Day, January 31st. Since then we have seen an increased number of applications concluding with no grant of status.

In the month of October 1 in 67 applications to the EU Settlement Scheme concluded with status invalid. Up to January 31st, 2020 this was only the case for just 1 in 581 applications.

1 in 52 applications to the EU Settlement Scheme concluded in October were classed as either withdrawn or void. Again, up to Brexit Day in January of this year this was only the case for 1 in 184 applications.

In October 1 in 32 concluded applications to the EU Settlement Scheme were refused. Prior to January 31st there were zero refusals.

Overall, 1 in 15 EU Settlement Scheme applications concluded in October ended with no grant of a form of leave to remain. Before January 31st, 2020 only 1 in 140 applications ended up with no grant of status.

Quarterly EU Settlement Scheme statistics are due at the end of November 2020.

Sebel
Junior Member
Posts: 92
Joined: Tue Mar 10, 2020 8:02 pm
Cameroon

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Sebel » Sat Nov 14, 2020 1:21 pm

Hello everyone, sure this might not be related,just need a little advice and help. Please how do I order a replacement birthcertificate for my son. I got the photocopy but can't find the original.

Betrice
Newly Registered
Posts: 5
Joined: Sat Nov 14, 2020 6:58 am
United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Betrice » Sat Nov 14, 2020 1:48 pm

I am a primary career of a british child, I applied 11 months ago for a zambrano permanent settlement because I have been primary career to my child for more than 5 years now.My application has been refused because I have another way of getting status and they stated I should rely on it.
My visa was under Private life 10years route, which was broken down into 2.5year my visa has already expired, they offer me administrative review, or to apply through my route that I had before 10years route Private life or I should give them evidence that I do not have any lawful means of obtaining leave to remain.
My worries is my visa is now expired Because I was waiting for this application under Eu settlement scheme, I phoned HO before to explain my situation I informed them my visa has expired they advised me to keep waiting from Eu resolution centre
Please your advise will be welcomed.
Thank you

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by JB007 » Sat Nov 14, 2020 2:06 pm

Sebel wrote:
Sat Nov 14, 2020 1:21 pm
Hello everyone, sure this might not be related,just need a little advice and help. Please how do I order a replacement birthcertificate for my son. I got the photocopy but can't find the original.
If he was born in England or Wales, you can apply to the GRO for a certified copy.
https://www.gro.gov.uk/gro/content/

Possible Service Delays
Coronavirus

Due to Covid-19, certificate orders will not be completed within the published timescales

https://www.gro.gov.uk/gro/content/cert ... /login.asp

lolwe
inactive
Posts: 358
Joined: Tue Oct 20, 2020 1:14 am
Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by lolwe » Sat Nov 14, 2020 4:00 pm

Betrice wrote:
Sat Nov 14, 2020 1:48 pm
I am a primary career of a british child, I applied 11 months ago for a zambrano permanent settlement because I have been primary career to my child for more than 5 years now.My application has been refused because I have another way of getting status and they stated I should rely on it.
My visa was under Private life 10years route, which was broken down into 2.5year my visa has already expired, they offer me administrative review, or to apply through my route that I had before 10years route Private life or I should give them evidence that I do not have any lawful means of obtaining leave to remain.
My worries is my visa is now expired Because I was waiting for this application under Eu settlement scheme, I phoned HO before to explain my situation I informed them my visa has expired they advised me to keep waiting from Eu resolution centre
Please your advise will be welcomed.
Thank you
Hi Betrice, The HO is right. You should apply for administrative review. You are a Zambrano carer who does not currently have leave to remain under Appendix FM. As long as your EU settlement application under Appendix EU remains active, you are in the UK legally. If they refuse your Administrative Review, you should file a claim in court (like a lot of other Zambrano carers). As long as you have a pending legal claim, your immigration status in the UK remains unchanged. It is only when you have finished challenging the Home Office or the courts finally rule, that you have to worry about your expired status under LTR.

Imagine if people became "illegal" once their ltr was refused but they still were waiting for resolution on their EU settlement scheme application? It would create chaos. The Home Office know this, which is why they keep your status as lawful until you have exhausted all possible options - provided you started the process before your LTR expired.

Sebel
Junior Member
Posts: 92
Joined: Tue Mar 10, 2020 8:02 pm
Cameroon

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Sebel » Sat Nov 14, 2020 4:09 pm

JB007 wrote:
Sat Nov 14, 2020 2:06 pm
Sebel wrote:
Sat Nov 14, 2020 1:21 pm
Hello everyone, sure this might not be related,just need a little advice and help. Please how do I order a replacement birthcertificate for my son. I got the photocopy but can't find the original.
If he was born in England or Wales, you can apply to the GRO for a certified copy.
https://www.gro.gov.uk/gro/content/

Possible Service Delays
Coronavirus

Due to Covid-19, certificate orders will not be completed within the published timescales

https://www.gro.gov.uk/gro/content/cert ... /login.asp
Please what is GRO index reference number?

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by JB007 » Sat Nov 14, 2020 6:00 pm

Sebel wrote:
Sat Nov 14, 2020 4:09 pm
JB007 wrote:
Sat Nov 14, 2020 2:06 pm
Sebel wrote:
Sat Nov 14, 2020 1:21 pm
Hello everyone, sure this might not be related,just need a little advice and help. Please how do I order a replacement birthcertificate for my son. I got the photocopy but can't find the original.
If he was born in England or Wales, you can apply to the GRO for a certified copy.
https://www.gro.gov.uk/gro/content/

Possible Service Delays
Coronavirus

Due to Covid-19, certificate orders will not be completed within the published timescales

https://www.gro.gov.uk/gro/content/cert ... /login.asp
Please what is GRO index reference number?


https://www.gro.gov.uk/gro/content/cert ... es/CG4.pdf

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